Seabd. Air Line Ry v. Bradley

• Decision Date: 28 March 1906
• Parties: SEABOARD AIR LINE RY. v. BRADLEY.
• Court: Georgia Supreme Court

54 S.E. 69

125 Ga. 193

SEABOARD AIR LINE RY.

v.BRADLEY.

Supreme Court of Georgia.

March 28, 1906.

1. Carriers — Injury to Licensee—Alighting from Train.

The petition stated a cause of action, and the demurrer was properly overruled.

2. Same—Duty of Railroad Company.

When one assists a passenger aboard a train at a station, intending not to become a passenger himself, but to leave the train after helping the passenger on the cars, no duty arises to hold the train for a reasonable time in order that such purpose may be accomplished, unless knowledge of such purpose is communicated to the company's servants. An instruction to the effect that a railroad company is bound to use ordinary diligence to ascertain the purpose of a person boarding its cars is erroneous, as placing a burden on the company which the law does not impose.

[Ed. Note.—For cases in point, see vol. 9, Cent. Dig. Carriers, § 1242.]

3. Same—Duty of Conductor.

It is for the jury to say whether performance or non-performance of a specific act is compliance with the duty which the law imposes upon the carrier under the particular circumstances of each case.

4. Evidence—Expert Testimony.

An expert may be asked his opinion of a hypothetical case even though the facts thereof be the same as those of the case on trial.

[Ed. Note.—For cases in point, see vol. 20, Cent. Dig. Evidence, §§ 2368-2371.]

5. New Trial—Grounds of Motion.

A ground of a motion for a new trial that the verdict is contrary to a specified charge is equivalent to a complaint that the verdict is contrary to law.

6. Carriers — Negligence —Accident—Instructions.

The charge on the subject of accident was not prejudicial to the defendant.

(Syllabus by the Court.)

Error from City Court of Americus; C. R. Crisp, Judge.

Action by J. L. Bradley against the Sea-board Air Line Railway. Judgment for plaintiff. Defendant brings error. Reversed.

E. A. Hawkins, for plaintiff in error.

J. A. Hixon and Sbipp & Sheppard, for defendant in error.

EVANS, J. The petition made the following cause of action: Plaintiff's sister, intending to become a passenger on defendant's train, boarded the train at one of its regular stations. She was accompanied by some small children, and her baggage consisted of two satchels. It was necessary for some one to take the satchels on the train, as the train only stopped long enough for passengers to get on and off the cars at the station, with a reasonable time to put the baggage on the train. Petitioner assisted his sister on the ear and placed the satchels in the coach in as hurried a manner and as expeditiously as possible. The conductor knowing of petitioner's presence on the train and for what purpose he was there, recklessly and carelessly waved the train to start, and caused the train to start after stopping about one-half of the usual time it stopped at the station, and before his sister could get a seat and before plaintiff could get off the car. When plaintiff "started to step off the platform or steps to the coach, the train gave a violent and unusual jerk, which caused petitioner to fall to the ground, throwing petitioner on his left side, bruising" and injuring him. The injuries thus inflicted were set out, and alleged to be of a permanent nature. Petitioner claimed damages both special and general. The defendant demurred to the petition on the ground that no sufficient cause of action was plainly and distinctly set forth in orderly paragraphs entitling plaintiff to recover, and because the petition disclosed that plaintiff was guilty of negligence and by the use of ordinary care on his part he could have avoided the consequences of defendant's negligence, if defendant was guilty of negligence. The demurrer was overruled, and exceptions pendente lite were taken to the overruling of the demurrer.

1. A railroad company owes to one who boards its train, for the purpose of assisting a prospective passenger and then disembarking from the train, with knowledge of the conductor of his presence and purpose, the duty to observe ordinary care for his safety. This duty would have required the company to delay its train a reasonable time for him to get off. If the conductor signaled the train to start before the escort of the passenger had a reasonable time to alight, and, because of a violent and unusual jerk in starting the train, the passenger's escort was thrown from the cars while in the act of alighting and was injured, the company would be liable. Suber v. Ry. Co., 96 Ga. 42, 23 S. E. 387. Applying the principle of this case to the petition, a cause of action was set forth; and, as the plaintiff's case was stated in orderly paragraphs consecutively number ed, there was no error in overruling the demurrer.

2. The case proceeded to trial and resulted in a verdict for the plaintiff. A motion for a new trial was made by the defendant, which was overruled, and the company excepted. On the trial the plaintiff testified that on the day he received his injury his sister, with four small children, went to the station at Leslie for the purpose of taking the train to Cordele. As to what occurred after the arrival of the train at the station, he said: "I took the satchels and went up in the car, and the conductor came down on the left side and helped my sister and those three children. One of them had never walked. And as the train stopped, I went up on the right-hand side with these satchels, and got 8 or 10 feet in the train, and put the satchels down and came back out, and as I came back out on the steps the train jerked and pulled out, and I hit the ground about 15 feet further east than I was figuring on, and it threw me on the left side and sprained that wrist, which I discovered afterwards. * * * I saw the conductor when I got on. I was in 4 or 5 feet of him. There was nothing at all to keep him from seeing me. I don't know about how many minutes that train usually stopped at Leslie; long enough for all to get on and off and change the mails, usually 3 or 4 minutes. I would say he did not stop the usual length of time on this occasion. * * * As soon as the train stopped, I got on the steps of the forward coach and went right across the platform there to the ladies' coach and went in. * * * The conductor assisted my sister and the children aboard. I went on in the coach ahead of my sister, and went two or three seats down in the coach, and placed the baggage and came out on the...